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Asked and Answered

Advisory committee subject to Brown Act?

June 14, 2009

Question

If the air quality district appoints an advisory committee to oversee an air toxics program that will go on for 2-3 years, and it has no members from the Board of Directors (only staff, public citizens), are their meetings subject to the Brown Act? If so, do all the notice, public comment rules apply?

Answer

Assuming that the “advisory committee” were created by a “charter, ordinance, resolution or formal action of a legislative body,” which here I take to be the Board of the air quality district, then meetings of the advisory committee would appear to be covered, per Gov. Code 54952(b). There is an exception for “advisory committees made up of members of the [Board], so long as they are not standing committees, but that exception would not be applicable.

Hope that is helpful.

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